FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 129

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 13th day of December, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

BY JOHNSON, J. :

95-C - 3058 SHIRLEY HARTMANN, WIFE OF/AND RICHARD P. CARRIERE v. BANK OF LOUISIANA IN NEW ORLEANS (Parish of Jefferson)

For the reasons assigned, the decison of the appellate court is affirmed.

RENDERED AND AFFIRMED.

MARCUS, J. - not on panel. Rule IV, Part 2, 3.

CALOGERO, C.J. - concurs and assigns reasons.

LEMMON, J. - concurs and assigns reasons. [Ed. Note: not yet released]

KIMBALL, J. - dissents and assigns reasons.

VICTORY, J. - concurs in the result.

BLEICH, J. - dissents for reasons assigned by Kimball, J.
 

BY VICTORY, J. :

95-KA- 2542 CITY OF BATON ROUGE v. THOMAS J. GOINGS, JR. (Parish of East Baton Rouge)

(Violation of City Ordinance, Twelve Counts)

We have no jurisdiction over this direct appeal under La. Const. art. 5, Sec.5(D). Furthermore, we have no appellate jurisdiction to address and decide any other issues raised by the parties because they were not ruled on by the trial court. Twin Parish Port Com'n , supra at 749. Accordingly, this case is transferred to the First Circuit Court of Appeal.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, and Judge Ian W. Claiborne, 18th Judicial District Court have been assigned as Justices ad hoc in place of Justices Jack Crozier Watson and E. Joseph Bleich to participate in this case.

CLAIBORNE, J. pro tempore, not on panel. Rule IV, Part 2, 3.
 

BY BLEICH, J. :

96-KA- 1392 STATE OF LOUISIANA v. ANTHONY WILSON A/K/A "NIP" (Parish of Orleans) (Aggravated Rape)

C/W

96-KA- 2076 STATE OF LOUISIANA v. PATRICK DEWAYNE BETHLEY (Parish of Ouachita) (Aggravated Rape)

For the reasons stated above, we find La. R.S. 14:42(C) to be constitutional. The motion to quash in each case is reversed and vacated. These cases are remanded to the respective trial courts.

JOHNSON, J. - not on panel. Rule IV, Part 2, 3.

CALOGERO, C.J. - dissents and assigns reasons. [Ed. Note: Added 1/27/97. This dissent replaces the original dissent. It is included in the file containing the opinion, dissents and concurs and is available here separately.]

WATSON, J. - dissents.

KIMBALL, J. - concurs and assigns reasons.

VICTORY, J. - concurs with written reasons.
 

PER CURIAM :

94-B - 2824 IN RE: ORSCINI L. BEARD

ON MOTION TO REVOKE CONDITIONAL REINSTATEMENT

Accordingly, it is ordered that Orscini L. Beard's conditional reinstatement be revoked and that he immediately be returned to suspended status.

CONDITIONAL REINSTATEMENT REVOKED; SUSPENSION ORDERED.

LEMMON, J. - not on panel. Rule IV, Part 2, Sec.3.

JOHNSON, J. - dissents and assigns reasons.
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